ITALIAN POLICIES ON THE IMPORT, POSSESSION AND

UNCLAS ROME 002772 SIPDIS STATE FOR PM/DTC CHARLES ROBERTSON E.O. 12958: N/A TAGS: ETTC KOMC IT EXPORT CONTROLS SUBJECT: ITALIAN POLICIES ON THE IMPORT, POSSESSION AND RE-EXPORT OF U.S. MUNITIONS LIST CATEGORY 1 HARDWARE, PARTICULARLY FIREARMS REF: STATE 064759 ¶1. THE ITALIAN MINISTRY OF FOREIGN AFFAIRS' AUTHORIZATION UNCLASSIFIED PAGE 02 ROME 02772 101029Z UNIT FOR ARMAMENTS (UAMA) REGULATES EXPORTS OF ARMAMENTS, INCLUDING AUTOMATIC FIREARMS AND ASSOCIATED MUNITIONS. THE ITALIAN MINISTRY OF INTERIOR, DIRECTORATE OF ARMS AND EXPLOSIVES REGULATE THE EXPORT OF OTHER HANDGUNS. ¶2. UAMA DIRECTOR FERNANDO ZEZZA HAS PROVIDED THE EMBASSY WITH A COPY OF DECREE 448 OF SEPTEMBER 25, 1999, WHICH INCORPORATES THE MOST RECENT REGULATIONS FOR EXPORT, IMPORT AND TRANSIT OF ARMAMENTS, AND OF LAW 185 OF JULY 9, 1990. AS THESE ARE IN ITALIAN, THE ANSWERS TO REFTEL QUESTIONS ARE BRIEFLY SUMMARIZED BELOW. A COPY OF THE LAW AND DECREE WILL BE SENT TO PM/DTC. ¶A. THE POLICY OF THE GOVERNMENT OF ITALY IS TO RESTRICT IMPORT, OWNERSHIP, RE-SALE AND RE-EXPORT OF AUTOMATIC FIREARMS. PERMITS FOR AUTOMATIC WEAPON EXPORT AND RE-EXPORT MUST BE OBTAINED FROM THE MFA'S UAMA. ALL OTHER PERMITS MUST BE OBTAINED FROM THE MINISTRY OF INTERIOR'S DIRECTORATE OF ARMS AND EXPLOSIVES. DECREE 448 EXPLICITLY REQUIRES THAT ARMAMENTS EXPORTS BE APPROVED BY THE MFA, AND THAT NO RE-EXPORT OF ARMAMENTS ACQUIRED FROM ANOTHER COUNTRY BE APPROVED WITHOUT ADVANCE APPROVAL FROM THE GOVERNMENT OF THE COUNTRY OF ORIGIN. THE LAW SPECIFICALLY FORBIDS EXPORTS TO COUNTRIES IN A STATE OF ARMED CONFLICT, TO COUNTRIES FOR WHICH THE UNITED NATIONS HAS DECLARED AN EMBARGO AND TO COUNTRIES WHOSE GOVERNMENTS ARE IN VIOLATION OF HUMAN RIGHTS CONVENTIONS. IMPORTS ARE PERMITTED ONLY WHEN CARRIED OUT BY: (A) THE ITALIAN MILITARY AND POLICE AS AUTHORIZED; (B) FIRMS UNCLASSIFIED PAGE 03 ROME 02772 101029Z AUTHORIZED AND REGISTERED IN THE NATIONAL REGISTRY IN ACCORD WITH ITALIAN LAW; (C) FIRMS IMPORTING FOR THE PURPOSE OF TEMPORARY INSPECTION; (D) STATE ENTITIES, WHEN AUTHORIZED BY THE POLICE; (E) FOREIGN FIRMS, WHEN TEMPORARILY IMPORTING SAMPLES FOR DEMONSTRATION PURPOSES, AUTHORIZED BY THE MINISTRY OF INTERIOR WITHOUT OBJECTION FROM THE MINISTRY OF DEFENSE. ALSO PERMITTED ARE (A) IMPORT BY THE GOVERNMENT OF ITALY TO EQUIP THE ARMED FORCES AND THE POLICE, (B) STATE TO STATE TRANSFERS IN ACCORD WITH INTERNATIONAL TREATY AND (C) TRANSIT OF MATERIAL NEEDED BY NATO ALLIES. THE MINISTRY OF DEFENSE, OFFICE OF THE SECRETARY GENERAL, MAINTAINS A REGISTRY OF FIRMS AND CONSORTIA AUTHORIZED TO DESIGN, PRODUCE, IMPORT, EXPORT, MAINTAIN OR WORK ON ARMAMENTS, SUBDIVIDED BY CATEGORY. THESE ARE THE ONLY PRIVATE ENTITIES PERMITTED TO EXPORT, IMPORT OR ENGAGE IN TRANSIT OF ARMAMENTS. ¶B. N/A. ¶C. EXPORT REQUESTS MUST INCLUDE A CERTIFICATION BY THE DESTINATION OR TRANSIT COUNTRY THAT THE RECIPIENT IS AUTHORIZED LEGALLY BY THAT GOVERNMENT TO PRODUCE AND SELL SUCH MATERIAL. THIS CERTIFICATION AND AN AUTHORIZED TRANSLATION MUST BE NOTARIZED IN THE COMPETENT ITALIAN EMBASSY OR CONSULATE. ¶D. THE LAW ON ARMAMENTS DOES NOT ENVISION RESALE OF FIREARMS WITHIN ITALY. SEMBLER UNCLASSIFIED PAGE 04 ROME 02772 101029Z UNCLASSIFIED > 2002ROME02772 - Classification: UNCLASSIFIED